HomeMy WebLinkAboutTru NorthDevelopment Rezone2012 findings.pdf
Rezone
Tru North Development
Approximately 245 West 1st North
1. On June 7, 2012, Cory Sorensen presented to the City of Rexburg Planning & Zoning
Coordinator a request and application for a zone change for the property located at
approximately 245 West 1st North, in Rexburg, Madison County, Idaho to be rezoned from
Low Density Residential 2, Community Business Center, and Light Industrial to
Mixed Use 2.
2. On June 8, 2012, the City Clerk sent the Notice of Public Hearing to be published in the
local newspaper on June 16 and June 30, 2012. A notice was posted on the property and sent
to all property owners within 300 feet of the above mentioned property.
3. On July 5, 2012 Cory Sorensen presented to the Planning & Zoning Commission for the
City of Rexburg, the Request for a Rezone for the property at approximately 245 West 1st
North, in Rexburg, Madison County, Idaho to be rezoned from Low Density Residential
Two (LDR2), Community Business Center (CBC), and Light Industrial to Mixed Use 2
(MU2).
Dan Hanna motioned to recommend to City Council approval of a rezone for the property at
approximately 245 West 1st North, from Low Density Residential 2, Light Industrial, and
Community Business Center to Mixed Use 2, to include three conditions:
1) There shall be surface parking only - no parking structure; 2) No access onto 3rd West;
and 3) There shall be a landscaped area along the frontage of the subject property on 3rd West
with a depth of not less than fifty (50) feet. Marilyn Rasmussen seconded the motion.
Dan Hanna amended the motion and Marilyn Rasmussen seconded the amended motion to
include a fourth condition:
4) Thirty-six month sunset clause specifying that the subject property will revert back to current
zoning if the project does not move forward in that period of time.
None opposed. Motion carried.
.
4. On September 19, 2012 in a City Council public hearing Council Member Merrill
explained appreciation for the letters submitted by the residents. The project needs to have
conditions that will allow the developer to make a return on investment. At the same time
the conditions should help meet the concerns of the residents. The building next to residents
should be buffered with the purpose of blocking any view into backyards. Council Member
Merrill would rather allow a park to be built off of 3rd West; however it would be important
to follow the neighborhoods desire by placing twin homes on the empty lots. The land
should be used in an appropriate way. The project should be scaled down and conditioned
to fit the neighborhood.
35 North1st East
Rexburg, ID 83440
Phone: 208.359.3020
Fax: 208.359.3022
www.rexburg.org
Findings of Fact
City of Rexburg
Mayor Woodland explained the project can be a benefit to the neighborhood, the city, and
every citizen. The project needs to be tempered to fit the neighborhood.
Council Member Sutherland asked Mr. Watson if making adjustments would be feasible
for the project. Mr. Watson directed the question to City Attorney Stephen Zollinger. City
Attorney Zollinger explained the proposal will need to return in order to discuss substantial
adjustments.
Council Member Mann moved to deny the re-zone from Low Density Residential 2, Light
Industrial and Community Business Center to Mixed Use 2 at approximately 245 West 1st
North; Council Member Benfield seconded the motion; Discussion on the developer
returning with a more detailed proposal to fit the property. Council Member Merrill asked
the City Council to consider placing conditions on the project instead of completely denying
it. The motion would need to be detracted. The motion was not detracted. Mayor Woodland
asked for a vote:
Those voting aye Those voting nay
Council Member Busby Council Member Sutherland
Council President Mann Council Member Merrill
Council Member Benfield Council Member Smith
Mayor Woodland voted nay to reject the motion.
The motion failed.
Discussion:
Mayor Woodland asked the City Council for a different motion. Council Member Merrill
suggested applying conditions on the project in order to minimize the impact on the
neighborhood. Council Member Sutherland explained the least evasive construction would
be to build twin homes on the 3rd West lots. Cory Sorensen explained the lots on 3rd West
can be left as LDR2 to match the neighborhood. This will allow twin homes, single homes,
or the lot could be sold.
Council Member Merrill moved to approve the re-zone from Low Density Residential
Two, Light Industrial and Community Business Center to Mixed Use Two at approximately
245 West 1st North with the exception of the two 3rd West lots be left LDR2 at the depth
needed for what will to be built in the LDR2 lots, including the following conditions:
Planning and Zoning conditions:
1) There shall be surface parking only - no parking structure;
2) No access onto 3rd West;
3) No landscaped area along the frontage of the subject property on 3rd
West with a depth of not less than fifty (50) feet (Lots have been left as
LDR2); and
4) Thirty-six month sunset clause specifying that the subject property will
revert back to current zoning if the project does not move forward in
that period of time.
Additional conditions:
5) Sufficient buffering with landscape for any line of site from a building to
a neighboring backyard;
6) 1:1 ratio setback; and
7) Allow no more than 16 units per acre;
Council Member Sutherland seconded the motion; Discussion: Mayor
Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Merrill Council Member Benfield
Council Member Sutherland Council President Mann
Council Member Smith Council Member Busby
Mayor Woodland voted aye to approve the motion.
The motion carried.